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Home My WebLink About14-3391 'COMiM—JNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. H— ,33 jq' / � NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG.DIST.NO. NAME OF MDJ GTL, Inc.t/d/b/a Tavern on the Hill Steaks&Seafood 09-1-03 Richard S. Dougherty ADDRESS OF APPELLANT CITY STATE ZIP CODE 109 Howard St. Enola PA 17025 DATE OF JUDGMENT IN THE CASE OF(PlainfiM (Defendant)- 05/06/2014 H.B. McClure Company vs GTL, Inc. DOCKET No. SIGNATURE OF APPELLANT ORNEY OR AGENT MJ-09103-CV-0000041 -2014 This block will be signed ONLY when this notation is required under Pa. If appellant wa Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J.No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon H.B. McClure Company appellee(s),to file a complaint in this appeal fame of appellee(s) (Common Pleas No. ff_ 33 l )within twenty(20)days after service of rule uff r entry ofjudgment of non pros. ignature of appellant or attorney or agent RULE: To H.B. McClure Company appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time,a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: X20 / A t .' y ry�r(`��f� �'4 a (] nye D—Q 11 ;L _ Si ature of Pr hon. ry Deputy !,IN1103 �..NVI'1-730 n'-c Leri vw.+^. 1 ill YOU MUST INCLUDE A C60Y OF "rH N89fC'10F JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. i (i 01-1.10?jd 11.1 AOPC 312-05 '' 3PG My- w COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLANDt; Case Mag. Dist. No: MDJ-09-1-03 H.B. McClure Company MDJ Name: Honorable Richard S. Dougherty V Address: 98 South Enola Drive, Suite 1 GTL, Inc., t/d/b/a Tavern on the Hill Steaks & Enola, PA 17025 Seafood Tele phone: 717-728-2805 GTL, inc., t/d/b/a Tavern on the Hill Steaks&Seafood Docket No: MJ-09103-CV-0000041-2014 109 Howard Street Case Filed: 3/21/2014 Enola, PA 17025 Disposition Summary (cc•Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09103-CV-0000041-2014 H.B.McClure Company GTL,Inc.,t/d/b/a Tavern on the Default Judgment for Plaintiff 05/06/2014 Hill Steaks&Seafood Judgment Summary Participant Joint/Several Liability Individual Liability Amount GTL..Inc.,Ud/b/a Tavern on the Hill Steaks& $0.00 S2,147.04 S2,147.04 Seafood H.B.McClure Company $0.00 $0.00 $0,0D Judgment Finding (.PostJudgment) In the matter of H.B. McClure Company vs. GTL, Inc.,t/d/b/a Tavern on the Hill Steaks&Seafood on MJ-09103-CV-0000041-2014, on 5/0612014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment 50.00 $2,030.04 $2,030.04 Costs $0.00 $117.00 $117.00 Grand Total: $2,147.04 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 34 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. mAy 201 Date Magisterial District Judge Richard S.Dougherty af.-Fr certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed:05/08/2014 8:55:40AM T -d dLEt90 ET OT O'aQ ti.y. H.B. McClure Company Docket No.: MJ-09103-CV-0000041-2014 V. GTL, Inc., t/d/b/a Tavern on the Hill Steaks& Seafood Participant List Plaintiff(s) H.B. McClure Company 600 S. 17th Street Harrisburg,PA 17105 Defendant(s) GTL, Inc.,t/d/b/a Tavern on the Hill Steaks&Seafood 109 Howard Street Enola, PA 17025 Complainant's Attorney(s) Kimberly Ann Bonner, Esq. James,Smith, Dietterick&Connelly, LLP PO Box 650 Hershey, PA 17033 MDJS 315 Page 2 of 2 Printed:05/08/2014 8:55:40AM z •d d8E :90 ET OT 09a Supreme Court of Pennsylvania Court,of.Common""Pleas`Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: County 1 3"S 7 The information collected on this loan is ttsed solelv,for court administration purposes- 'This form does not supplement or replace the filing and service of pleadings or other papers as required by lain or rides of cottrt. Co encement of Action: S omplaint ❑ Writ of Summons El Petition E Transfer from Another Jurisdiction r_1Declaration of Taking 6 T Le 1 'ntiff arae: Lea ndan ,s,AFenrae"VoN � AA �� f -z I Are money damaLes re quested? es ❑ NO Dollar Amount Requested: rthin arbitration limits q (cheek one) ou 0 tside arbitration limits N Is this a Class Action Suit? ❑Yes No Is this an MDJAppeal? XYes ❑ No A Name of Plaintiff/Appellant's Attorney: ❑ t' beck 11(2re if,011 ha e no attorn , iare n Self-Rep resented ;Petr Sel I.Iti=.:ant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Afass Tort) CONTRACT(do not inehide,JudgnFents) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ?ebt Collection:CreditCard ❑ Board of Assessment ❑ Motor Vehicle ebCollection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include ❑ Employment Dispute: E mass tort) ❑ Slander/Libel/Defamation Discrimination ❑ C El Other: ❑ Employment Dispute: Other Zoning Board ❑ Other: ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other. El Ejectment El Common Law/Statutory Arbitration ❑ Eminent Domain/Condemnation ❑Declaratory Judgment El Ground Rent ❑ Mandamus Landlord/Tenant Dispute ❑Non-Domestic Relations LJ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 J; ' f t' w Scott A.Dietterick,Esquire Supreme Court I.D.#55650 '` � Y LAY/h} Kathryn L.Mason,Esquire Supreme Court I.D# 306779 JSDC Law Offices PO Box 650 Hershey,PA 17033 (717)533-3280 (717)533-2795 fax Attorneys for Plaintiff H.B. MCCLURE COMPANY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 14-3391 CIVIL GTL, INC., t/d/b/a TAVERN ON THE HILL STEAKS & SEAFOOD, DEFENDANT CIVIL ACTION — LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 H.B. MCCLURE COMPANY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 14-3391 CIVIL GTL, INC., t/d/b/a TAVERN ON THE HILL STEAKS & SEAFOOD, DEFENDANT CIVIL ACTION — LAW AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder.. sin usted y un fallo por cualquier surra de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Scott A. Dietterick,Esquire Supreme Court I.D.#55650 Kathryn L.Mason,Esquire Supreme Court LD# 306779 JSDC Law Offices PO Box 650 Hershey, PA 17033 (717)533-3280 (717)533-2795 fax Attorneys for Plaintiff H.B. MCCLURE COMPANY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 14-3391 CIVIL GTL, INC., t/d/b/a TAVERN ON THE HILL STEAKS & SEAFOOD, DEFENDANT CIVIL ACTION — LAW COMPLAINT The Plaintiff, H.B. McClure Company, by its attorneys, JSDC Law Offices, hereby presents the following Complaint against the Defendant, GTL Inc., t/d/b/a Tavern on the Hill Steaks & Seafood, as follows: 1. Plaintiff, H.B. McClure Company, is a Pennsylvania corporation, with its corporate office located at 600 South 17th Street, Harrisburg, Dauphin County, Pennsylvania 17104. 2. Defendant, GTL, Inc., t/d/b/a Tavern on the Hill Steaks & Seafood , is a Pennsylvania registered corporation, with its place of business located at 109 Howard Street, Enola, Cumberland County, Pennsylvania 17025. COUNT BREACH OF CONTRACT 3. H.B. McClure incorporates Paragraphs 1 through 2 as if fully reproduced herein. 4. On or about February 2, 2011, Plaintiff responded to Defendant's complaint that the furnace in its business would not start when it was cold. During that visit, Plaintiff identified the problem as a gas valve needed to be replaced as well as a delay timer installed. Plaintiff informed Defendant that a technician would need to return to the premises once the necessary needed arrived. A copy of the Invoice and Service Ticket Information for said visit, totaling $781.04, is attached hereto and identified as Exhibit "A". 5. On or about February 4, 2011, Plaintiff installed the gas valve and delay timer at Defendant's business. A copy of the Invoice and Service Ticket Information for the work performed, totaling $781.04, is attached hereto and identified as Exhibit "A". 6. Between the dates of February 4, 2011 and February 8, 2011, Plaintiff installed pleted filters and new belts on the furnace at Defendant's business. A copy of the Invoice and Service Ticket Information for said visit, totaling $781.04, is attached hereto and identified as Exhibit "B". 7. On or about February 11, 2011, Plaintiff returned to Defendant after a complaint was received regarding a problem with the furnace unit that services the bar area of the business. Plaintiff removed a control module on the furnace unit and replaced it with a new gas control. A copy of the Invoice and Service Ticket Information for the work performed, totaling $170.89, is attached hereto and identified as Exhibit "C" (together with Exhibits "A" and "B", the "Service Ticket Information Documents"). 8. According to the terms of Service Ticket Information documents, "cost of collection, including attorney and/or filing fees will be the responsibility of the debtor." 9. Collection fees incurred by H.B. McClure total $285.57. 10. The current outstanding balance on Defendant's account with H.B. McClure is $2,030.04, which includes interest on the unpaid principal balance. 11. Defendant has continuously refused to make payment to H.B. McClure of the balance due and otherwise ignored Plaintiff's demands for payment of same. WHEREFORE, Plaintiff, H.B. McClure Company, demands judgment against Defendant GTL, Inc., t/d/b/a Tavern on the Hill Steaks & Seafood, for $2,030.04, an amount not in excess of$50,000.00, which amount requires submission of this matter to compulsory arbitration. COUNT II UNJUST ENRICHMENT 12. H.B. McClure incorporates Paragraphs 1 through 11 as is fully reproduced herein. 13. Plaintiff performed work, at the request of the Defendant, to the benefit of Defendant and Defendant became liable for the just and reasonable amount of the work performed. 14. Defendant has been unjustly enriched by accepting the labor and products and not paying the total amount due for same. 15. Plaintiff has demanded that Defendant pay the total amount due of $2,030.04, but Defendant has continuously refused to do so. WHEREFORE, Plaintiff, H.B. McClure Company, demands judgment against Defendant GTL, Inc., t/d/b/a Tavern on the Hill Steaks & Seafood, for$2,030.04, an amount not in excess of$50,000.00, which amount requires submission of this matter to compulsory arbitration. RESPECTFULLY SUBMITTED, JSDC LAW OFFICES BY: �& j�1.�� AP z 4'/-Y)� Scott A. Dietterick, Esquire Supreme Court I.D. #55650 Kathryn L. Mason, Esquire Supreme Court I.D# 306779 JSDC Law Offices PO Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 fax Attorneys for Plaintiff Date: June 26, 2014 INVOICE A mcclure 419040 ffiSinceA1914 =.-company- TRUST•QUALITY•VALUE ACCOUNT NUMBER INVOICE DATE P.O.Box 1745,Harrisburg,Pennsylvania 17105-1745 41-757 2/21/203-1 n Service(717)232-HEAT(4328)a FAX(717)2343730 Federal I.D.#23-0855020•http://www.hbmcclure.com � s SERVICES RENDERED AT TAVERN ON THE HILL 109 HOWARD STREET ENOLA, PA 17025 Approved by- LAKI 11: 17 2/01/2011 PO Number- ITEM DESCRIPTION AMOUNT REPLACED GAS VALVE DELAY TIMERSNSTALLED 1 GAS VALVE 255. 52 1 BLOWER TIME DELAY 37 . 12 TOTAL 292. 64 PARTS DATE HOURSRATE AMOUNT TMH 2/02/2011 2 : 30 Hrs:Min M TMH 2/04/2011 3; 00 Hrs:Min M TOTAL 488 - 40 LABOR; 781. 04 Subtotal Please pay within 10 DAYS PAY of receipt' of this invoice THIS Tax Yi AMOUNT 781. 04 Total 4 PLEASE DETACH HERE AND RETURN BOTTOM PORTION WITH PAYMENT SERVICE INVOICE 419040 REMIT TO: H.B. McClure Company TAVERN ON THE H=LL PO BOX 1745 ACCOUNT NUBER 41-757M AMOUNT 781. 04 Harrisburg, PA 17105 600 S.17th St., P.O.Box 1745,Harrisburg,PA 17105-1745 h0b, mcclure Service(717)232-HEAT(4328)a FAX(717)2143264 Federal I.D.#23-0855020•tnrww.hbmcclure.com Trust,Quality,Value...since 1914 snow SERVICE TICKET INFORMATION WARRANTY TICKET#: CONTRACT SERVICE CONTRACT ACCT#: NORMAL »_ .- r,• PLUMBING 'MM PHONE: ey CUSTOMER INFORMATION BILL TO: WORK @: ORIGINATION OF GA!_L PROBLEM: DATE; f•.._ "" J f3Y: �, .,.ws EQUIPMENT INFORMATION Da TECH DATE BEGIN END ' HRSWIN:: RATE s. _tom TECHNICIANS SIGNATURE CALL STATUS WORK'DONE , t3.efl .r, - _."2s..:.». �sz...,'�:-S +...'-:�7 _ .. �, ..:..>t_.... _.-_... �ti>,ti.:r.=r� _..._.i '.t`:. __a..�. ._�.,._ .. .. .... ..._ z.:_x... _i ....-,...2.�'4 ............. �_...x :t�....i_. ..,.4 '...>_...h ._...�_y_..:�::. S`e ....=s r _ .s.... _ _. _`\.�,a...____.... _ .�e_. -.. 4 ,. Vii'.;.. :•tati _ .n. .,e 3.t... .. c.'..__:.j ..M...,. _.4.'............ .. >_.4 —. D 21 RN 1' _�-- 2;._ 1:2! 1�r1..1 17 . _t.- -�`� 4' J' JuP_- `..t \.`.�.... _i.•. J.:ti�., 3v.:�4». L`:--c _ T. -,fir.'u1:.:.-5: r. _ o-. .- -_, TR:s_. _r-�.:.:..... _:.,,:.. _:.:.4_... ?a_....,,,..ws �°'s k �. "'i >`.=. s..__'1 s ..._.;=`:__ ..,.. -_-1.::.--�.. ,,.,,..fix ». it:... .. ,.-...:. __...r,:..._.v :f._.2. IN - 3.r.__._.tJz�. _":5-._.._sti•;.. -°t,:.+.:_ d ,�.:�.:.t`.G',..-�; t•r.-.:�.... -��' _.-,�" z...:, } _....a J-;r_. - ,e { i� •s'.... .. Er.i z_� Jc..r_.;. s_.....5.:-t' :r 3 .aa iA» +...-.__'i-t......i L-.»i L r,��s�w '. _. a ... .. _r. _......,. 3 .+.r a�.v ice-{; -i•_-_1 ...ea._ R—7-7 -IRDS ..,__,..,.,. .yt..,L "N> PARTS 1fVARRANTY LABOR WARRANTY All parts as recorded are warranted as per manufacture's specifications Lobar performed per services as described on the equipment as noted is warranted against defects in workmanship for a period of ninety(90) days from completion of service I the undersigned owner/au ed representative of the property at which the work above is to be done,have authorized you to perform the diagnosis DTE' and/or repair.The materials Wired,rendered and installed have been completed in a satisfactory manner and i acknowledge receipt of my copy.Terms are net 30 days for credit apprq accounts.Amounts not paid in accordance are subject to a finance charge of 1.5%per month,18%annually.Cost of collection,including aftomf and/or of the debtor. X Y L� 600 S.17th St., P.O.Box 1745,Harrisburg,PA 17105-1745 hmbm Clu Service(717)232-HEAT(4328).FAX(717)2143264 company Trust,Quality.Value...since 1914 Federal I.D.#23-0855020 a www.hbmcclure.com JA� I?ARTS :<. . SERVICE TICKET INFORMATION WARRANTY T CONTRACT ICKET#: SERVICE CONTRACT 0. ... Y .y;`t3::a ry`?. NORMAL ACCT#: — PLUMBING PO#: oMM PHONE: CUSTOMER INFOWATION BILL TO: WORK @: :L ORIGINATION OF CALL PROBLEM: DATE: - BY: J _� JIPMENT INFO NATION E ►T = =yBCI1t' j tom& �} �-RATE 4.1-11 _' _ . ._ _ TECHNICIANS SIGNATURE CALL STATUS � = WORK DONE - y _.._ _ ?u-iii 3_Y_y.. 5..x ....._ ..i..._� 'J�... PARTS WARRANTY " LABOR WARRANTY All parts as recorded are warranted as per manufacture's specifications Labor performed per services as described on the equipment as noted is warranted against defects in workmJfor. period of ninety(90) days from completion of service Ithe undersigned owner/authorized a ntative of the property at which the work above is to be done,have authorized you to perform the diagnosisDAT the repair.The materials requir ,rend d and installed hav an completed In a satisfactory manner and I acknowledge receipt of my copy.Terms are net 30 days for credit approved'pccoun Amounts not paiditrac rdance are subject to a finance charge of 1.5%per month,18%annually.Cost of collection,ingluding-attomey and/or fill fees will be the r@spo bility of the debtor. SERVICE INVOICE mcclure 419131r-- ASincelk914 = Company. TRUST-QUALITY•VALUE ACCOUNT NUMBER INVOICE DATE P.O.Box 1745,Harrisburg,Pennsylvania 17105-1745 41-75-7 2/21/201.1 Service(717)232-HEAT(4328)a FAX(717)234-3730 Federal I.D.#23-0855020•http://www.hbmcclure.com SERVICESRENDERED AT TAVERN ON THE HILL F 1 109 HOWARD STREET ENOLA, PA 17025 Approved by- TMH/LAKI 15: 11 2/02/2011 PO Number- ITEM DESCRIPTION AMOUNT j REPLACED AIR FILTERS -� REPLACED BELTS 4 20X25X2 PLEATED FILTERS 51_ 33 2 20X2OX2 PLEATED FILTERS 24. 85 1 BX-68 BELT 58. 70 2 14X25X2 PLEATED `FILTERS 24. 91 4 14X2OX2 PLEATED FILTERS 41. 24 2 16X25X2 PLEATED F1ITERS 24. 63 2 20X25X2 PLEATED FILTERS 27 _ 95 _ 1 BX51 BELT 50. 89 i TOTAL 304 . 50 PARTS ;_. DATE HOURS RATE AMOUNT TAW 2/04/2011 2 : 00 Hrs:Min M TAW 2/08/2011 : 30 Hrs:Min M TOTAL 222. 00 LABOR FAY 526. 50 Subtotal Please pay within 10 DAYS �. of receipt oP this invoice THIS Tax AMOUNT 526. 50 Total -------- ------------------------------ -------- -----_- -------------------------------- --------- ------------- PLEASE DETACH HERE AND RETURN BOTTOM PORTION WITH PAYMENT 4 INVOICESERVICE 419131 REMIT TO: H.B. McClure Company TAVERN ON THE H=LL v �i ACCOUNT NUMBER 41-757 PO Box 1745 - 526. 50 AMOUNT Harrisburg, PA 17105 i hl ® McClure 600 S.17tH St.,P.O.Box 1745,Harrisburg,PA 17105-1745 Service(717)232-HEAT(1328).FAX(717)214-3264 �� Federal I.D.#23-0855020.http://www.hbmcclure.com Slnce1914: C® p PARTS SERVICE TICKET INFORMATION::. /?� _ CONTRACT TICKET* 004 _ L�_0�i 2 0 V 2 5 _ SERVICE CONTRACT 4 ACCT#: .�".3'?? •_: I : _+ NORMAL t -•:, 021 2 i� X20 2 PLUMBING RES PO#. 001 �'_- B COMM PHONE: i.7 el_ 1451225H2 PLE IED t ir3 sf� OOH' 1434120X2 PLEATED CUSTOMERINFORMATION 002 =GIN.25X2 P11-E ATED BILL TO: 002 20X25X2 PLEATED T VERI'M ON TBE HIL.L 001 B X51 BELT 109 HOWARD ARD STREET WORK@: ENOLA, PA _7"/++' 5 ORIGINATION OF CALL.,.. ...: PROBLEM: ''FF DATE: 5._. F'OLLt�>�:�—6� PE;aAIzi EQUIPMENT INFORMATION CA_001A FROOF T OP FACKAG,, 'i'.RAHE GAS HT YCH120C3I°fOA2 L 341033466 TECH DATE -BEGIN END——` HRSaVIIN. . RATE TAW 02/08/2011 Ct+:00 09: 30 00:' 0 M/REG -0rJ � TECHNICIANS SIGNATURE CALL STATUS Cam WORK GONE INSTALLED NEW PLETED FILTERS IN ALL RTUSI. INSTALLED NEW BELTS ON BOTH T BANE RTUS. JOB COMPLETE: PARTS:WARRANTY LABOR WARRANTY All parts as recorded are warranted as per manufacture's specifications Labor performed per services are described on the equipment as noted in the warranted against defects In workmanship for a period of ninety(90) days from completion of service i I the undersigned owner/authorized representative of the property at which to work above is to be done,have authorized you to perform the diagnosis DATE' and/or repair.The materials required,rendered and installed have been completed in a satisfactory manner and I acknowledge receipt of my copy X — SERVICE INVOICE hol 419582' SinceI4Mcompany.TRUST•QUALITY•VALUE ACCOUNT NUMBER INVOICE DATE P.O.Box 1745,Harrisburg,Pennsylvania 17105-1745 41-757 2/28/2011 Service(717)232-HEAT(4328)•FAX(717)2343730 Federal I.D.#23-0855020 a http://www.hbmcclure.com SERVICES RENDERED AT TAVERN ON THE HILL 109 HOWARD STREET -- ENOLA, PA 17025 Approved by- LAKI 10: 43 2/11/2011 PO Number- ITEM DESCRIPTION AMOUNT r- REPLACED GAS CONTROL 1 CONTROL MODULE 170. 89 i TOTAL 170. 89 PARTS DATE HOURS RATE AMOUNT TOTAL< LABOR: Please pay within 10 DAYS PAY 170. 89 Subtotal of receipt of this invoice THIS Tax AMOUNT 170 . 89 Total - _ ---------------- -------,------------------------------------------------------------ --------------------- ------- ---- --- o PLEASE DETACH HERE AND RETURN BOTTOM PORTION WITH PAYMENT',& INVOICESERVICE 419582 REMIT TO: H.B. McClure Company TAVERN ON THE H=LL ACCOUNT NUMBER 41-757 PO Box 1745 Company 1 AMOUNT 170 . 89 Harrisburg, PA 17105 hisi600 �s C�'�� S.17th St.,P.O.Box 1745,Harrisburg,PA 17105-1745 Service(717)232-HEAT(4328)•FAX(717)214-3264 company Trust, Q°aikyr Vaiue.-since 1914 Federal I.D.#23-0855020•www.hbmcclure.com PA -,-TS ;; SERVICE TICKET I(�iFORMATION waRRANry TICKET#: 001 IGN. CONT. MODULE{S1-325426 CONTRACT 419582-5158 SERVIICCECONTRACT ACCT#: 41-757 NO PLUMBING P : ES MM PHONE: (000 CUSTOMER INFORMATION BILL TO: TAVERN ON THE HILL 109 HOWARD STREET ENOLA, PA 17025 WORK @: -Oh'IG I Ni4Tl ON. P..CALL PROBLEM: 33 GAS HEAT, NONE *EMERGENCY DATE: 2/11/2011 BY: LAKI EQUIPMENT INORMATlON BACO2A ROOFTOP PACKAG YORK GAS HT D6CG060N07925CNBEM024778 TECH DATE; BEGIN END HRSMIN RATE SDD 02/11/2011 12:00 14:15 02: 15 M/REG TECHNICIANS SIGNATURE CALL S C WORK DONE CHECKED UNIT FOR THE BAR AREA. UNIT WAS RUNNING UPON ARRIVAL. REMOVED MAIN POWER FROM THE UNIT. RESTORE POWER AND UNIT DID NOT LIGHT. STARTED CHECKING VOLTAGES AND AS SOON AS I TOUCHED THE PROBE ON ONE OF THE WIRE CONNECTIONS ON THE CONTROL MODULE THE UNIT LIT. THE MODULE APPEARS TO HAVE AN INTERMITTANT PROBLEM. REMOVED THE EXISTING MODULE AND INSTALL -A NEW MODULE FROM TRUCK STOCK. RESTORE POWER TO UNIT AND CYCLE BURNER OVER 20 TIMES AND IT LIT PROPERLY EVERY TIME. JOB COMPLETE. c � �� Us � � ;ART � :. RANTY LABOR WARRANTY, 5 Labor performed per services as described on the equipment as noted is warranted against defects in workmanship for a All parts as recor rant d as per manufacture's specifications period of ninety(90) days from completion of service I I the undersigned owner/authoriz d representative of the property at which the work above Is to be done,have authorized you to perform the diagnosis DATE the repair.The materials require rendered and installed have been completed in a satisfactory manner and I acknowledge receipt of my copy.Terms are net 30 days for credit approved ac nts.Amounts not paid in accordance are subject to a finance charge of 1.5%per month,18%annually.Cost of collection,Including attorney and/or fi ng fees will be the responsibility of the debtor. / X H.B. MCCLURE COMPANY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. GTL, INC., tld/bla TAVERN ON THE HILL STEAKS & SEAFOOD, DEFENDANT CIVIL ACTION — LAW VERIFICATION I, Linda Spotts, Credit Manager, of H.B. McClure Company, hereby verify the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. LINDA SPOTTS DATE: 6,1a3lN, H.B. MCCLURE COMPANY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 14-3391 CIVIL GTL, INC., t/d/b/a TAVERN ON THE HILL STEAKS & SEAFOOD, DEFENDANT CIVIL ACTION — LAW CERTIFICATE OF SERVICE I, Denise L. Foster, Paralegal, do hereby certify that a true and correct copy of the foregoing Complaint, was served upon the following below-named individual by depositing the same in the U.S. Mail, postage pre-paid by First Class mail to: Evangelos Daskalakis, President GTL, Inc., t/d/b/a Tavern on the Hill Steaks & Seafood 109 Howard Street Enola, PA 17025 JSOffices gy: G Denise L. Foster, Paralegal DATE: June 26, 2014 I .��fpE NQ tCE fd0 TA i, Y 2014 AUG -7 AMU: :j4 CUMBERLAND COUNT PENNSYLVANIA Y • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION H.B. MCCLURE COMPANY Plaintiff v. NO. 14-3391 CIVIL CIVIL ACTION - LAW GTL, INC., t/d/b/a TAVERN ON 1'HI+; HILL • STEAKS & SEAFOOD Defendants • NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION H.B. MCCLURE COMPANY Plaintiff v. GTL, INC., t/d/b/a TAVERN ON THE HILL • STEAKS & SEAFOOD Defendants NO. 14-3391 CIVIL CIVIL ACTION - LAW DEFENDANT'S ANSWER & COUNTERCLAIM TO PLAINTIFF'S COMPLAINT Defendant GTL, Inc. respectfully pleads the following reply to Complaint pleaded by Plaintiff H.B. McClure Company. 1. Admitted. 2. Admitted. COUNT I — BREACH OF CONTRACT 3. No responsive pleading is required. 4. Admitted that Plaintiffs technician was at Defendant's place of business on February 2, 2011 and that in the technician's opinion a gas valve and delay timer were needed to be replaced. It is denied that the furnace needed a gas valve or a delay timer for the reason set forth in the attached counterclaim. On the contrary, the furnace was working but not efficiently in that there were delays in getting heat to the area serviced by the furnace. 5. Admitted. 6. It is denied that the charges for the work referred to in this paragraph was 781.04. On the contrary the Defendant was billed $526.50. 7. Admitted that on February 11, 2011 Plaintiffs service technician returned to Defendant's premises for the same problems to the same unit that Plaintiff's technician allegedly repaired on February 4, 2011. It is denied that the furnace needed a new gas control valve for the reasons set forth in the attached counterclaim, which are incorporated by reference. 8. It is denied costs of collection are due and owing for the reasons set forth in the attached counterclaim, which are incorporated by reference. 9. It is denied costs of collection are due and owing for the reasons set forth in the attached counterclaim, which are incorporated by reference. 10. Denied that the Defendant owes $781.04, and $284.47. It is admitted that Defendant owes $526.50 for replacement of filters. 11. The Defendant sent a letter to the Plaintiffs representatives informing them that the Defendant had to get another company to look at the problem with the furnace and repair the same. WHEREFORE, the Defendant requests judgment in his favor and not in favor of the Plaintiff. COUNT II — UNJUST ENRICHMENT 12. No responsive pleading is required. 13. It is denied that the Defendant was enriched. On the contrary after the work performed by the Plaintiff's technician, as related in Paragraphs 4 and 7 of this complaint, the problem with the furnace was not fixed. The Defendant then called Plaintiff's service technician again to report that the furnace was still not working. The Plaintiffs service manager came to the Defendant's place of business and told the Defendant that there was nothing more they could do. 14. It is denied that the Defendant has been unjustly enriched, on the contrary after unsuccessfully attempting to have Plaintiff repair the furnace the Defendant called GEM Mechanicals of Harrisburg, Pennsylvania, which determined that the problem was not with the gas valve and delay timer, but rather with the draft control. 15. Admitted that Defendant has refused to pay the total amount of $2030. By way of further answer the Defendant called the Plaintiff to complain that work done by Plaintiff was not necessary and furthermore that the Plaintiff never repaired the problem. It is denied that the Defendant owes Plaintiff $2030.04. WHEREFORE, Defendant request's Plaintiffs Complaint be dismissed and that judgment be entered against Plaintiff. COUNTERCLAIM 16. Defendant GTL, Inc. t/d/b/a Tavern on the Hill Steaks & Seafood (Tavern) incorporates Paragraphs 1 through 15 as if fully reproduced herein. 17. The Defendant Tavern contacted the Plaintiff H.B. McClure Company (McClure) to repair a heating problem delay in a furnace. McClure representative made three service calls and still failed to repair the problem at the bar furnace and told the Tavern representative there was nothing more they could do. 18. Tavern's representative, on referral, contacted D.A. Dawson of GEM Mechanical of 2806 Boas St., Harrisburg, PA, in an attempt to repair the furnace that McClure was to repair. 19. On 3/24/2011, GEM Mechanical's representative came to the premises and found a draft problem that was affecting the furnace sensor and made repairs to the fresh air intake and repaired loose connections to the gas valve installed by McClure representatives. This repair corrected the problem with the furnace, which has worked since then. A copy of the invoice was previously sent to McClure. The amount of the charge was $65.00. WHEREFORE, Tavern makes a claim against McClure for $65.00. Respectfully Submitted, EV • - OS DASKALAKIS, Pres. GTL, c. , Pro Se 109 Howard Street Enola,'PA 17025 VERIFICATION I, Evangelos Daskalakis, President of GTL, Inc., hereby acknowledge that GTL, Inc. is a Defendant in the foregoing Answer and Counterclaim, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Evangelo askalakis CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant's Answer and Counterclaim was furnished by U.S. Mail, first class, postage prepaid on this 7 day of August 2014, to: Scott. A. Dietterick, Esq. Kathryn L. Mason, Esq. JSDC Law Offices P.O. Box 650 Hershey, PA 17033 Dated: Scott A. Dietterick, Esquire Supreme Court I.D. #55650 Kathryn L. Mason, Esquire Supreme Court I.D# 306779 James D. Young, Esquire Supreme Court I.D. #53904 JSDC Law Offices PO Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 fax Attorneys for Plaintiff H.B. MCCLURE COMPANY, PLAINTIFF v. GTL, INC., t/d/b/a TAVERN ON THE HILL STEAKS & SEAFOOD, DEFENDANT "!LPROTHONOTARYt:U�' 1i FICE THE UG 27 At 9: 12 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-3391 CIVIL : CIVIL ACTION — LAW NOTICE TO PLEAD TO: GTL, INC., t/d/b/a TAVERN ON THE HILL STEAKS, & SEAFOOD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. JSDC LAW OFFICES BY: Date: August Zr) , 2014 i I- / A tt A. Diett: k, 1511 ire Supreme Court I.D. #55650 Kathryn L. Mason, Esquire Supreme Court I.D# 306779 James D. Young, Esquire Supreme Court I.D. #53904 JSDC Law Offices PO Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 fax Attorneys for Plaintiff Scott A. Dietterick, Esquire Supreme Court I.D. #55650 Kathryn L. Mason, Esquire Supreme Court I.D# 306779 James D. Young, Esquire Supreme Court I.D. #53904 JSDC Law Offices PO Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 fax Attorneys for Plaintiff H.B. MCCLURE COMPANY, PLAINTIFF v. GTL, INC., t/d/b/a TAVERN ON THE HILL STEAKS & SEAFOOD, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-3391 CIVIL : CIVIL ACTION — LAW ANSWER WITH NEW MATTER TO DEFENDANT'S COUNTERCLAIM AND NOW, comes the Plaintiff, H.B. McClure Company (hereinafter "Plaintiff'), by and through its counsel, JSDC Law Offices and files this Answer with New Matter to Defendant's Counterclaim and avers as follows: 16. Denied as stated. By way of further answer, Plaintiff incorporates by reference the averments of Paragraphs 1-15 of its Complaint as if fully set forth at length herein. 17. Denied as stated. It is admitted only that Defendant contacted Plaintiff in February 2011 with complaints regarding the furnace in Defendant's business. By way of further answer, the nature of the Complaint and the scope of the repair work performed in response to these complaints are set forth in Paragraphs 4-7 and Exhibits "A" through "C" of the Complaint which are incorporated by reference as if fully set forth at length herein. The remaining averments of Paragraph 17 of Defendant's Counterclaim are specifically denied with strict proof demanded, if relevant. 18. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 18 of Defendant's Counterclaim and the same are therefore denied with strict proof demanded if relevant. By way of further answer, any allegations, either express and/or implied, that Plaintiff's service technicians failed to perform the repairs to Defendant's furnace in a reasonable and workmanlike manner are specifically denied with strict proof demanded, if relevant. 19. Denied. After reasonable investigation, Plaintiff if without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 19 of Defendant's Counterclaim and the same are therefore denied with strict proof demanded, if relevant. By way of further answer, any allegations, either express and/or implied, that Plaintiff's service technician failed to perform the repairs to Defendant's furnace in a reasonable and workmanlike manner are specifically denied, with strict proof demanded, if relevant. To the extent that further answer may be deemed appropriate, it is specifically denied that any action and/or failure to act on the part of Plaintiff and/or Plaintiff's representatives caused any damages to Defendant as alleged. WHEREFORE, Plaintiff respectfully requests that Defendant's Counterclaim be dismissed with prejudice and that judgment is entered in favor of Plaintiff and against Defendant for $2,030.04, an amount which requires submission of this matter for compulsory arbitration pursuant to the local rules of court NEW MATTER 20. Plaintiff incorporates by reference the averments of Paragraphs 1 through 15 of its Complaint and the averments of Paragraphs 16-19 of its Answer with New Matter to Defendant's Counterclaim as if fully set forth at length herein. 21. Defendant's Counterclaim fails to allege any cognizable claims or causes of action against Plaintiff. 22. No action on failure to act on the part of Plaintiff and/or its representatives caused any damages to Defendant. 23. Any damages incurred by Defendant, if proven, were incurred nearly two months after Plaintiff's last service call and may have been as a direct and proximate result of modification to the furnace and equipment performed by persons or entities other than Plaintiff, including, but not limited to, Defendant and/or Defendant's employees, agents, servants and representatives. WHEREFORE, Plaintiff respectfully requests that Defendant's Counterclaim be dismissed with prejudice and that judgment is entered in favor of Plaintiff and against Defendant for $2,030.04, an amount which requires submission of this matter for compulsory arbitration pursuant to the local rules of court RESPECTFULLY SUBMITTED, JSDC LAW OFFICES BY: Date: August27, 2014 Sc A. Dietterk, quire Supreme Court I.D. #55650 Kathryn L. Mason, Esquire Supreme Court I.D# 306779 James D. Young, Esquire Supreme Court I.D. #53904 JSDC Law Offices PO Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 fax Attorneys for Plaintiff HB. MCCLURE COMPANY, PLAINTIFF v. GTL, INC., t/d/b/a TAVERN ON THE HILL STEAKS & SEAFOOD, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • : NO. • : CIVIL ACTION — LAW VERIFICATION I, Linda Spotts, Credit Manager, of H.B. McClure Company, hereby verify the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. DATE: 3)--- H.B. MCCLURE COMPANY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 14-3391 CIVIL GTL, INC., t/d/b/a TAVERN ON THE . HILL STEAKS & SEAFOOD, DEFENDANT : CIVIL ACTION — LAW CERTIFICATE OF SERVICE I, Denise L. Foster, Paralegal, do hereby certify that a true and correct copy of the foregoing Answer with New Matter, was served upon the following below -named individual by depositing the same in the U.S. Mail, postage pre -paid by First Class mail to: Evangelos Daskalakis, President GTL, Inc., t/d/b/a Tavern on the Hill Steaks & Seafood 109 Howard Street Enola, PA 17025 1J aw Offices BY: l/Uu Denise L. Foster, Paralegal DATE: Auguste, 2014